Election signs and tenants’ rights

A day after Elections Canada said landlords have the right to prevent tenants from putting up election signs in their apartment windows, the agency backtracked, saying tenants do have that right.

Does Elections Canada really know what they are doing?

Elections Canada made the statements following a CBC News story about Marilyn Dumont, an Edmonton woman who said she received a letter from her landlord saying she would be evicted within 14 days if she didn’t remove the sign from her apartment window by Wednesday.

“What I have is a signed letter from the landlord saying that I need to take the sign down and that we’re not allowed to post signs inside or outside of the premises,” she said.

The sign was for Linda Duncan, who is running for the NDP in Edmonton-Strathcona.

In Dumont’s lease, there is a prohibition against placing advertisements in apartment windows.

“Yes I do rent a space. And yes I did sign a lease that says, you know, I couldn’t put signs up for advertising. But I don’t feel this is advertising,” Dumont said. “It’s an election, and it seems to me [it’s] my democratic right to be able to express my opinion.”

But on Wednesday, CBC News was told by Elections Canada that information was incorrect. Section 322 (1) of the Canada Elections Act states that no landlord can prohibit tenants from displaying election advertising on the premises covered by their lease.

The act does contain “permitted restrictions” that allow landlords or condominium corporations to limit the size or type of election posters and to prohibit their display in common areas of buildings.

Stephen Jenuth, a lawyer and president of the Alberta Civil Liberties Association, agreed that any landlord who tried to put such a prohibition in a lease wouldn’t have a case in court.